By Kim Langona Today, the U.S. Supreme Court will hear arguments to decide whether federal immigration law bars states from using certain work-related information in a criminal prosecution. In Kansas v. Garcia, No. 17-834, the Court will decide two questions. First, whether the Immigration Reform and Control Act of 1986 (IRCA) expressly preempts states from prosecuting individuals using any information entered on or appended to the federal Form I-9 even though that information also appears in documents unrelated to verification of work authorization (state tax forms, leases, and credit [...]
Supreme Court to hear smuggling case
The United States Supreme Court recently agreed to decide the constitutionality of a federal law criminalizing migrant smuggling. United States v. Sineneng-Smith, No. 19-67. Late last year, the U.S. Court of Appeals for the Ninth Circuit concluded that this offense violates the First Amendment because it punishes a substantial amount of protected conduct. The anti-smuggling crime, Immigration and Nationality Act § 274(a)(1)(A)(iv), 8 U.S.C. § 1324(a)(1)(A)(iv), targets anyone who “encourages or induces an alien to come to, enter, or reside in the United States, knowing or in [...]
Todd Miller at Denver Law
Another year of the Crimmigration Law & Policy Event Series at the University of Denver begins today. At noon, writer Todd Miller will speak about his latest book, Empire of Borders: The Expansion of the U.S. Border Around the World. Released in August, Empire of Borders turns the tables on migration rhetoric. Instead of focusing on the people who cross borders, Miller canvasses how border policing crosses borders. The event is sponsored by the DU Latin America Center and the Estlow Center of the Department of Media, Film & Journalism. [...]
Border realities
In the pitched battles over immigration, rhetorical binaries dominate. Republicans refer to migrants as aliens. Democrats trumpet innocent children traumatized by extremist Trump-era practices. Migrants are either good or they’re bad, and in the imaginations of politicians and pundits, it’s possible to put some people into one category and other people into the other. Where talking points end, laws and policies begin. Under the illusion that people can easily be boxed, immigration law assigns privileges and sets law enforcement priorities based on markers of undesirability. Born in [...]
Don’t tie immigration law reform to El Paso attack
When Donald Trump used the latest gun massacre to urge support for his pet project, clamping down on migration, no one could be surprised. His path to the presidency, like his time in office, is paved with anti-migrant fear-mongering. Already his reelection campaign has embraced the specter of a migrant invasion, and at a campaign rally he entertained fantasies about shooting migrants. Clearly, President Trump is driving the United States toward a new low. But disturbing as it is, in tying immigration law reform to domestic terrorism, he is not carving a new path. A quarter-century ago, the [...]
ICE family prison population shows slight upward tick
Despite President Trump’s virulent anti-migrant rhetoric and his administration’s heavy-handed approach to immigration law enforcement, immigration officials held only slightly more parents and children in its families-only facilities under his tenure as under his predecessor, President Obama. Government statistics I obtained through a Freedom of Information Act request show remarkable consistency in the number of people locked up in family immigration prisons from October 1, 2016 to September 24, 2018. In the two years covered in the released data, the Immigration and Customs Enforcement [...]
Expedited suffering
When it comes to President Trump’s attacks on migrants, his administration’s latest policies prove that there are no limits. What started with a Trump Tower claim in June 2015 that Mexican rapists were streaming across the border has morphed into a wholesale attack on people fleeing for their lives. At every step, the administration has turned to imprisonment as its favored means of punishing migrants who are already here and convincing others to stay away. Immigration and Customs Enforcement already holds more people in its facilities than ever before. Its cousin agency within the U.S. [...]
In 2018, ICE detention population reached another all-time daily high
Under President Trump, ICE has seared itself into the public consciousness for its sweeping attitude toward migrants. Perhaps nothing better illustrates the administration’s hardline approach than the growing size of its detention population. Official statistics I obtained through a FOIA request reveal that, on average, 42,188 people were detained by ICE during the 2018 fiscal year, breaking the government’s previous high set one year earlier. Known as the average daily population (ADP), ICE’s daily running tally shifts remarkably from month to month. In June 2018, for example, the agency [...]